Mugshot of Dallas Cowboys player Josh Brent, after being arrested on June 27, 2013 for failing a drug test. (credit: Dallas Co. Sheriff’s Dept.)

DALLAS (CBSDFW.COM) – Prosecutors have to be careful about what they say about now-former Dallas Cowboy Josh Brent.

Friday morning, the judge who will preside over Brent’s Intoxication Manslaughter trial told attorneys the case is receiving excessive publicity.

Judge Robert Burns also asserted that some of the things being said, by individuals involved in the case, have been incorrect. Burns did not issue a gag order for the case.

Brent’s attorney, George Milner, is upset with some of the comments made by Dallas District Attorney Craig Watkins during an appearance on the CBS radio station 105.3 The Fan last month. During one part if The Fan’s G-Bag Nation (Gavin & Chris) show, Watkins said, “Obviously Josh Brent has an issue with alcohol and you just can’t, you know, one day decide that you’re going to stop using it and so I think he’s struggling with that and so I’m not surprised with the outcome of what’s going on with this case.”

Dallas Co DA Craig Watkins with Gavin & Chris

Brent faces charges surrounding the death of his teammate Jerry Brown Jr. on December 8, 2012. When Brent was taken into custody after the crash he a blood-alcohol level of 0.189 — more than twice the legal limit.

Brent was jailed in late June, after testing positive for marijuana a second time.

“This is the right decision for me, and something that I have given a lot of thought to. I am at a point where my main focus is all about getting the priorities in my life in order. Those priorities are more important than football. Doing the right things in life are more important than football. I love the game very much. I love my teammates, but this is the right thing for me to do.”